FMLA/CFRA Lawyers

Serving Real People, Not Corporations.

Family Leave (FMLA/CFRA) Lawyers

California protects you, as an employee, when you take FMLA (Family Medical Leave Act) or CFRA (California Family Rights Act) leave. Employers are prohibited from interfering with your right to take FMLA/CFRA leave, or discriminating or retaliating against you for taking such leave.

California law extends these protections to persons who take FMLA/CFRA leave in order to care for a family member suffering from a serious health condition. As such, employers cannot consider your FMLA/CFRA leave as a negative factor in employment decisions, such as hiring, promotions, disciplinary actions, or termination; nor can such leave be counted under “no fault” attendance policies.

What is the FMLA?

The Family and Medical Leave Act (FMLA) is a federal statute that requires covered employers throughout the US to provide their employees with job-protected, unpaid leave for certain eligible family and medical reasons.

The US government passed this law to help employees balance work demands and family needs. It allows employees access to medical leave for covered reasons such as the birth or adoption of a child, or the serious health condition of the employee or their family member.

What is the CFRA?

The California Family Rights Act (CFRA) is a state-specific statute that authorizes eligible employees to take up to 12 weeks of job-protected leave during a 12-month period. When eligible employees take leave for protected reasons, their employers should not terminate their health benefits.

Some of the reasons covered by CFRA include taking leave to:

  • Attend the birth or adoption of a child

  • Oversee the foster care placement of a child

  • Take care of an immediate family member, such as a parent, spouse, or child with a serious medical condition

  • Recover from a serious health condition.

Do You Qualify for FMLA or CFRA Leave?

FMLA Requirements

You may qualify up to 12 weeks per year for all FMLA purposes if:

  1. You have, or a family member has, a serious health condition (illness, injury, or physical or mental condition that involves either inpatient care or continuing treatment by a healthcare provider. (29 U.S.C. § 2611(11); 29 CFR § 825.113)), and

  2. You have worked for your employer for 1+ years, and

  3. You have 1250+ hours of service in the past year, and

  4. 50+ employees work within a 75-mile radius. (29 U.S.C. § 2611(2); 29 C.F.R. § 825.110).

Note: You may be paid only if your employer pays employees on FMLA leave, if you use accrued paid time off (such as vacation time), or if you apply to EDD for SDI or PFL and qualify.

CFRA Requirements

You may qualify for up to 12 weeks per year for all CFRA purposes if:

  1. You have, or a family member has, a serious health condition (illness, injury, or physical or mental condition that involves either inpatient care or continuing treatment by a healthcare provider. (Cal Code Regs., tit. 2, § 11087)), and

  2. You have worked for your employer for 1+ years, and

  3. You have 1250 hours of service in the past year, and

  4. Your employer has 5+ employees. (Gov. Code, § 12945.2; Cal. Code Regs., tit. 2, § 11087).

Note: You may be paid only if your employer pays employees on CFRA leave, if you use accrued paid time off (such as vacation time), or if you apply to the California Employment Development Department (EDD) for State Disability Insurance (SDI) or Paid Family Leave (PFL) and qualify. (Cal. Code Regs., tit. 2, § 11092)

Examples of FMLA/CFRA Violations

The following are some common violations of FMLA or CFRA laws:

  • Terminating an employee who takes leave because of a serious health condition and cannot return to work when the employer wants them to

  • Demoting an employee after they return to work from maternity leave

  • Terminating an employee who has taken leave to care for a relative with a serious medical condition

  • Terminating an employee who complains about a previous FMLA or CFRA violation.

  • Refusing to grant an eligible employee leave if the reason for taking leave is covered by FMLA or CFRA laws

So if you come back from FMLA/CFRA leave and now your employer is attacking your performance, your attendance, or unjustifiably places you on a Performance Improvement Plan (PIP), then you might be experiencing retaliation for taking a legally-protected Family and Medical Leave Act/California Family Rights Act (FMLA/CFRA) leave.

If you believe you are being discriminated against, it is important that you speak with an attorney as soon as you believe you are being discriminated against. Contact us or Call us at (626) 432-5422 for a free consultation.